Incompetence of a probationary official: what are the consequences?
Verified 09 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
If you are a probationary official and unable to perform your duties at the end of your sick leave entitlement, you may be placed on unpaid leave in the event of temporary incapacity. If you are permanently unfit, you are dismissed. We detail these provisions according to your public service of origin (State - FPE, territorial - FPT, hospital - FPH).
EPF
Your situation differs depending on whether your inability to perform your duties is temporary or permanent.
At the end of a paid leave of absence of disease, of long illness or long life, you are placed in unpaid leave for a maximum duration of one year if you remain temporarily unfit to resume your duties.
This leave may be renewed 2 times one year.
Your leave without pay and its renewal shall be granted after the medical advice.
When you return to work, you can benefit from a part-time for therapeutic reasons.
At the end of a paid leave of absence of disease, of long illness or long life or at the end of unpaid sick leave, you are licensee if you are found permanently unfit to resume your duties.
If you are a holder in another body or framework of uses, your secondment for traineeship is terminated and you are made available to your home administration. Your home administration is looking at assigning you to a the right workstation for your physical capabilities or place you in disability pension.
If your physical incapacity is due to accident at work or an occupational disease, you are entitled to a rent disability. Its amount shall be fixed in the same conditions as to the general arrangements of Social Security.
FPT
Your situation differs depending on whether your inability to perform your duties is temporary or permanent.
At the end of a paid leave of absence of disease, of long illness or long life, you are placed in leave without pay for up to one year, renewable once if you remain temporarily unfit to resume your duties.
Your leave without pay and its renewal shall be granted after the medical advice.
If the medical council deems, at the end of the 2e year of unpaid leave, which you should normally be fit to resume your duties before one year, your leave may be renewed for a further 2e once for up to one year.
When you return to work, you can benefit from a part-time for therapeutic reasons.
At the end of a paid leave of absence of disease, of long illness or long life or at the end of unpaid sick leave, you are licensee if you are found permanently unfit to resume your duties.
If you are a holder in another body or framework of uses, your secondment for traineeship is terminated and you are made available to your home administration. Your home administration is looking at assigning you to a the right workstation for your physical capabilities or place you in disability pension.
If your physical incapacity is due to accident at work or an occupational disease, you are entitled to a rent disability. Its amount shall be fixed in the same conditions as to the general arrangements of Social Security.
FPH
Your situation differs depending on whether your inability to perform your duties is temporary or permanent.
At the end of a paid leave of absence of disease, of long illness or long life, you are placed in leave without pay for up to one year if you remain temporarily unfit to resume your duties.
This leave may be renewed 2 times one year.
Your leave without pay and its renewal shall be granted after the medical advice.
If the medical board considers that you will be fit to resume your duties during the 4e year, your unpaid leave can be renewed for a 3e times.
When you return to work, you can benefit from a part-time for therapeutic reasons.
At the end of a paid leave of absence of disease, of long illness or long life or at the end of an unpaid sick leave, you are licensee if you are found permanently unfit to resume your duties.
If you are a holder in another body or framework of uses, your secondment for traineeship is terminated and you are made available to your home administration. Your home administration is looking at assigning you to a the right workstation for your physical capabilities or place you in disability pension.
If your physical incapacity is due to accident at work or an occupational disease, you are entitled to a rent disability. Its amount shall be fixed in the same conditions as to the general arrangements of Social Security.